Conflict of interest refers to a situation where someone has a duty to more than one person or an
organization. The action of the party cannot live to the interest of justice as the adverse party
interests will be at stake. For one to claim that an attorney has a conflict of interest, the attorney
needs to have a personal concern or interest, which are inconsistent with the best interest of the
client. It also applies to public officials whose decisions can be affected by their interests. A
good example of conflict of interest for an attorney is when an attorney works for two clients in a
similar transaction and fails to disclose this fact to the parties.
In this case, there seems to be no conflict of interest from the attorney who was hired by your
friend. This is because the attorney is not acting for you; I think your neighbor hired the attorney
based on proper knowledge. In this case, what you can do is claim continuous and constant from
the attorney of your neighbor. Harassment is a crime in Arizona, under the Arizona Revised
Statutes § 13-2921(E) harassment has been defined. It has been defined as conduct directed
towards someone from which a reason can be seriously alarmed or annoyed. Therefore, you can
file in court a petition challenging the conduct of the attorney in the case as he has been
harassing you, and as a result, you fear him and further feel annoyed.
Libel can be defined as express defamation through writing, printing, pictures, or any other form
of communication. The elements of libel are:
a. Publication of false information and the publisher knows that the information is false and
it will defame another party;
b. The acts of publication are done in disregard of the effect that will be caused by it; and
c. The act fails to ascertain them.
The above three elements were derived from the case of Antwerp Diamond Exch. of Am., Inc. v.
Better Bus. Bureau of Maricopa Cnty., Inc., 130 Ariz. 523, 528, 637 P.2d 733, 738 (1981). One
thing you will need to note that in a defamation case, the truth is a defense. Therefore, if the
comment posted by your wife is indeed true, then you need not apologize, if the matter is taken
to court, then you can tender the truth, and you will not be found liable. Also, the company will
need to prove to the court that it indeed incurred the loss. It is within the discretion of the court to
assess and determine if there was loss and if the statement made by your wife is false.